Republic v Evans Juma Wanjala [2022] KEHC 2732 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT ELDORET

CRIMINAL CASE NO.E050 OF 2021

REPUBLIC..................................................................................PROSECUTOR

VERSUS

EVANS JUMA WANJALA.................................................................ACCUSED

RULING ON BOND/BAIL

1. The accused person was charged on 16/6/2021 with offence of murder and took plea on 26/8/2021. The accused thereafter applied to be released on favourable bond terms.

2. Under Article 49 (1) of the Constitution the accused is entitled to bond. However, if there are compelling reasons advanced by the prosecution the court can deny the right to bond.

3. Parties filed submissions which I have carefully considered. I have considered the applicant’s submissions that he is entitled to bond under the Constitution. I have also considered the prosecution’s submissions of compelling reasons as to why this court should deny bond to the accused person. I have specifically considered the Replying Affidavit sworn by No.85266 P. C. Romano Oduor of Homicide Investigations Department filed here on 24/3/2021 in opposition to bond/bail.

4. The prosecution’s case is that the accused has been charged with the offence of murder and if found guilty he may be sentenced to death; that he may be tempted to abscond due to the severity of the sentence; and that for that reason bond should be declined. However, in my view an accused person cannot be denied bond simply because he has been charged with murder.

5. But I have seen in the proceedings that the accused has also been charged with a similar offence in Eldoret HCCR. No.E048 and HCCR. No.E049. In all these cases, the victims are minors aged between 10 and 14 years old and have signs of defilement and physical torture depicting a similar modus operandi of a serial offender. The replying affidavit also alleges that the accused made an out of court confession and led the investigators to all the scenes of crime where he admitted to having defiled and killed his victims. If there should be any truth in these allegations, then it can be said that when released on bond the accused may abscond.

6. Further, it is alleged that the accused has a pending warrant of arrest from the Chief Magistrate’s Court at Makindu where he was charged in Sexual Offences Case No.04 of 2019 (“marked R.O. 5”). He also has another pending warrant of arrest from the Chief Magistrate’s Court at Kajiado where he was charged in Sexual Offences Case No.13 of 2017 (marked “R. O.6”). These allegations have not been refuted by the accused.

7 I am also satisfied with the submissions that the accused is likely to interfere with witnesses to compromise the case. It is also true that the events leading to the arrest of the accused are in public domain having been widely reported by the media. The incident has led to public outcry and the release of the accused on bond will undermine public peace or security. The life of the accused may also be in danger and therefore pre-trial detention is necessary to protect him.

9. From the foregoing, this court is satisfied that the applicant’s entitlement to bond can be interfered with by this court on the strength of the above overwhelming reasons given by the prosecution.

11. For the foregoing reasons the application for bond/bail is denied and the accused shall be tried while in remand.

DATED, SIGNED AND DELIVERED AT ELDORET THIS 3RD DAY OF FEBRUARY 2022.

E. O. OGOLA

JUDGE